Define Proximate cause. The proximate cause is essentially that initial event that triggered the claim and need not be the event that immediately preceded the loss. Proximate cause relates to the relationship between an event and an injury. ‘the fact that a storm may show up the poor condition of a flat roof does not signify that storm was the proximate cause of damage to it’ More example sentences ‘So, its causal relationship with the primary negligence is very proximate and most immediate, in our submission.’ In law, a proximate cause is an event sufficiently related to an injury that the courts deem the event to be the cause of that injury. The proximate cause of an injury is that which, in a natural and continuous sequence, unbroken by any efficient intervening cause, produces an injury, and without which the injury would not have occurred. In tort law, the plaintiff must prove that the defendant’s conduct caused or … something that is considered to be the direct cause of damage, loss, or injury: The proximate cause of the disaster was a piece of metal lying on the runway. This means understanding if the injury would occur but for the action or lapse of the defendant. Certain states take into consideration the “but for” rule for proximate cause. The actions of the person (or entity) who owes you a duty must be sufficiently related to your injuries such that the law considers the person to have caused your injuries in a legal sense. Proximate causes include hereditary, developmental, structural, cognitive, psychological, and physiological aspects of … See under Proximate. Proximate cause refers to a direct cause of loss, without which the loss would not occur; therefore, it is a highly relevant principle in the insurance industry. A proximate cause is an event which is closest to, or immediately responsible for causing, some observed result. Proximate cause is a question of foreseeability – where the result is a foreseeable result of the actions of the tortfeasor. Related Terms: Causa Proxima Et Non Remota Spectatur. Proximate cause is used in civil and criminal cases, and are frequent in personal injury legal cases. A few circumstance… The insurance policy may cover the proximate cause, but not the event that actually causes the damage, so the policy holder will not be reimbursed for his claim. means that cause which, in a natural and continuous sequence, produces an event, and without which cause such event would not have occurred. . Elements of proximate cause. proximate cause meaning: something that is considered to be the direct cause of damage, loss, or injury: . b. It is not necessarily the closest cause in time or space nor the first event that sets in motion a sequence of events leading to an injury. Proximate cause means legal cause, or one that the law recognizes as the primary cause of the injury. Translations . Proximate cause in workers' compensation is not the same as proximate cause in negligence cases. See 'But for' test, Negligence, 'Substantial factor' test. When I use the expression “proximate cause,” I mean a cause that, in the natural or ordinary course of events, produced the plaintiff's injury. n. a happening which results in an event, particularly injury due to negligence or an intentional wrongful act. Proximate cause refers to the first event, or first peril, in a series of events that cause damage in an insurance claim. It is important that courts establish proximate cause in personal injury cases because not everyone nor … Proximate Cause Law and Legal Definition A proximate cause is one that is legally sufficient to result in liability. In every tort, a plaintiff must prove that the defendant was not only the actual cause of the injury, but also the proximate cause of the injury. Proximate cause has two elements: cause in fact and foreseeability. Proximate cause is the direct or apparently obvious cause of an event; directly produces the effect. A crime or act of negligence that is so linked to the resulting injury that the law considers it the legal cause of the injury, even if the injury would not have happened but for some other event. Instead, it is an action that produced foreseeable consequences without intervention from anyone else. Proximate cause synonyms, Proximate cause pronunciation, Proximate cause translation, English dictionary definition of Proximate cause. Actual cause, also known as cause in fact, is straightforward. Definition. In personal injury law, proximate cause is the primary cause of injury in an accident. But even if you’re geared with a legal definition of proximate cause, it doesn’t make understanding this complex Arizona law any easier. (For example, but for running the red light, the collisionwould not have occurred.) Noting that accidents can have more than one proximate cause, the court refused, despite the crashworthiness doctrine, to retreat from the "longstanding rule that a plaintiff's negligence is a complete bar to recovery if it contributes to his injuries. proximate cause (plural proximate causes) An event which, in a natural and continuous sequence, unbroken by any efficient intervening cause, produces an injury, and without which the injury would not have occurred. Learn more. [It need not be the only cause, nor the last or nearest cause. Proximate cause means a cause that was a substantial factor in bringing about an [injury] [occurrence] [injury] [occurrence or injury], and without which cause such [injury] [occurrence] [injury] [occurrence or injury] would not have occurred. For an act or event to be considered a proximate cause, it does not necessarily have to directly precede a loss or begin a chain of occurrences leading to the same. Proximate cause consists of both cause in fact and foreseeability. The action is a necessary condition, but may not be a sufficient condition, for the resulting injury. Example: Why did the ship sink? It is sufficient if it combines with another cause … Proximate cause requires the plaintiff’s harm to be a reasonably foreseeable consequence of the defendant’s wrongful action. Proximate cause "is that cause which in the natural and continuous sequence, unbroken by an efficient intervening cause, produces the injury and without which the injury would not have occurred." Improve your vocabulary with … Proximate Cause Definition: The most direct, effective or substantial cause of a tort; relevant where the negligence of more than one person contributed. If someone’s actions are a remote cause of your injury, they are not a proximate cause. An act from which an injury results as a natural, direct, uninterrupted consequence and without which the injury would not have occurred. Malpractice An element required to prove negligence; the plaintiff–Pt or Pt's estate must prove that the Pt's injury is reasonably connected to the physician's action, through either the 'but for' test or the 'substantial factor' test. Proximate cause is an act, whether intentional or negligent, that is determined to have caused someone else’s damages, injury, or suffering. An actual cause that is also legally sufficient to support liability. 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